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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the Department of State Health Services to |
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provide to health care providers certain equivalent vaccines in the |
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vaccines for children program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0102 to read as follows: |
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Sec. 161.0102. VACCINES FOR CHILDREN PROGRAM. (a) In this |
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section: |
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(1) "Vaccines for children program" means the program |
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operated by the department under authority of 42 U.S.C. Section |
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1396s. |
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(2) "Equivalent vaccines" means two or more vaccines |
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that: |
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(A) protect a recipient of a vaccine against the |
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same disease or diseases; |
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(B) require the administration of the same number |
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of doses; and |
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(C) are interchangeable according to the federal |
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Advisory Committee on Immunization Practices. |
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(b) Except as provided by Subsection (c), where two or more |
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manufacturers produce equivalent vaccines, the department shall |
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procure an equal supply of the vaccine from each manufacturer. |
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(c) An equivalent vaccine must be: |
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(1) approved by the United States Food and Drug |
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Administration; |
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(2) recommended by the federal Advisory Committee on |
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Immunization Practices; and |
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(3) made available to the department by the Centers |
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for Disease Control and Prevention of the United States Public |
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Health Service. |
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(d) The department shall procure an equal supply of each |
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equivalent vaccine under Subsection (b) only if the cost to the |
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department of providing each equivalent vaccine is not more than |
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110 percent of the lowest priced equivalent vaccine. |
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SECTION 2. This Act takes effect September 1, 2007. |